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<br />City Council Study Session -11/21/05 <br />Minutes - Page 7 <br /> <br />League of Minnesota Cities (LMC) attorneys handling the <br />litigation for the City; his review of the case; and opinion that the <br />lawsuit was without merit. <br /> <br />Mayor Klausing recommended that public comment be received <br />at the time the Council actually considered the Eminent Domain <br />process and resolution. Councilmembers concurred. <br /> <br />Councilmember Ihlan expressed concern that the Council had not <br />been updated on the pending litigation, while Mayor Klausing <br />and staff seemed to have more information available to them. <br /> <br />Mayor Klausing clarified that the discussions had been held <br />between him, staff, and the complainant prior to the litigation <br />being pursued. <br /> <br />Councilmember Ihlan expressed her serious qualms in the City <br />pursuing what the pending litigation was alleging. <br /> <br />Mayor Klausing duly noted Councilmember Ihlan's personal <br />concerns. <br /> <br />Councilmember Maschka noted that there was substantial <br />positioning occurring due to the sophisticated nature of the <br />project. <br /> <br />Councilmember Kough sought clarification as to whether it <br />would be a majority vote required for the resolution. <br /> <br />Mr. Krass advised that the resolution would be a majority vote, <br />unless there were statutory restrictions applicable. <br /> <br />3. <br /> <br />Discuss 2006 Water & Sewer Fees <br />Finance Director Chris Miller reviewed staff s annual analysis of <br />the City's utility operations to determine whether rate <br />adjustments were necessary. Mr. Miller advised that each <br />operation (i.e., water, sanitary sewer, storm water drainage, and <br />recycling) was reviewed for fixed City costs, including <br />personnel, supplies, maintenance, and depreciation; variable <br />costs, including purchase of water from City of 8t. Paul, water <br />treatment costs paid to the Metropolitan Council and recycling <br /> <br />2006 <br />Water & Sewer <br />Fees <br />